Pevar 5
Natalie April 1
January 13,2013
Reading Guide: Pevar V, VII and The Harvard Project Part One: Section 3, and 4
Definitions:
1. Termination- The process by which congress terminates the federal government’s trust relationship with an Indian tribe which prohibits the usage of the programs and privileges provided by Congress. Many Indian tribes describe it as genocide. 2. Compensation Clause- prohibits the federal government from taking private property without paying fair and adequate compensation. 3. Understanding the Doctrine of the Trust Responsibility- A legal doctrine that’s has grown of numerous dealings with the United States such as, treaties, court decisions, and statutes. The Trust Responsibility binds the U. S. to protect tribes’ and fund appropriate programs for their economic growth and stability. 4. Trust Fund Management Act- a historic piece of legislation that permits Indian tribes to withdraw funds held in their account for the purpose of managing those funds themselves. However as soon as money is taken out from these accounts the U.S is no longer responsible for it. 5. Section 465- authorizes the Secretary to purchase fee land with federal funds, convert land into trust status, nd assign it to an Indian tribe. Meaning they can aquire additional trust land. 6. Public Land 280- main intent was to eliminate lawlessness in particular Indian tribes, including funds to help improve their law enforcement agencies. Criminal offenses within Indian Country as defined in 18 USC 1152 could only be prosecuted in federal court. This law gave criminal and limited civil jurisdiction to the state governments for the “Indian Country” within those states. 7. Preemption test-balances federal interests against state interests, and the federal government always has a significant interest in encouraging tribal self-sufficiency and economic development. The more that state law infringes in with tribal rule the more
January 13,2013
Reading Guide: Pevar V, VII and The Harvard Project Part One: Section 3, and 4
Definitions:
1. Termination- The process by which congress terminates the federal government’s trust relationship with an Indian tribe which prohibits the usage of the programs and privileges provided by Congress. Many Indian tribes describe it as genocide. 2. Compensation Clause- prohibits the federal government from taking private property without paying fair and adequate compensation. 3. Understanding the Doctrine of the Trust Responsibility- A legal doctrine that’s has grown of numerous dealings with the United States such as, treaties, court decisions, and statutes. The Trust Responsibility binds the U. S. to protect tribes’ and fund appropriate programs for their economic growth and stability. 4. Trust Fund Management Act- a historic piece of legislation that permits Indian tribes to withdraw funds held in their account for the purpose of managing those funds themselves. However as soon as money is taken out from these accounts the U.S is no longer responsible for it. 5. Section 465- authorizes the Secretary to purchase fee land with federal funds, convert land into trust status, nd assign it to an Indian tribe. Meaning they can aquire additional trust land. 6. Public Land 280- main intent was to eliminate lawlessness in particular Indian tribes, including funds to help improve their law enforcement agencies. Criminal offenses within Indian Country as defined in 18 USC 1152 could only be prosecuted in federal court. This law gave criminal and limited civil jurisdiction to the state governments for the “Indian Country” within those states. 7. Preemption test-balances federal interests against state interests, and the federal government always has a significant interest in encouraging tribal self-sufficiency and economic development. The more that state law infringes in with tribal rule the more